COUNTY GOVERNMENT OF NAIROBI CITY NAIROBI CITY COUNTY ASSEMBLY - PROGRAMME OF ASSEMBLY BUSINESS WEEK COMMENCING WEDNESDAY, OCTOBER, 26 TH, 2016 * 1 ST ASSEMBLY * 4 TH SESSION Printed and Published by the Clerk of the Nairobi City County Assembly City Hall Buildings NAIROBI 1
REF: HB/COMM/2016/VOL.4/ (026) Clerk s Chambers County Assembly City Hall Buildings NAIROBI OCT 25 TH, 2016. COUNTY GOVERNMENT OF NAIROBI CITY NAIROBI CITY COUNTY ASSEMBLY FIRST ASSEMBLY (FOURTH SESSION) PROGRAMME OF ASSEMBLY BUSINESS FOR THE WEEK COMMENCING WEDNESDAY, OCTOBER 25 TH, 2016 WEDNESDAY: Communication from the Chair, Petitions, Papers 25/10/2016 Laid, Notices of Motions, Messages and Statements. (A) THE NAIROBI CITY COUNTY ANIMAL CONTROL AND ABATTOIRS MANAGEMENT BILL, 2016 (ASSEMBLY BILL NO. 3 OF 2016) (Hon. Zulfa Hakim, MCA) (Committee of the Whole Assembly) (B) THE NAIROBI CITY COUNTY OFFICE OF THE COUNTY ATTORNEY BILL, 2016(ASSEMBLY BILL NO. 4 OF 2016) (Hon. A. Hassan, MCA) (Committee of the Whole Assembly) (C) THE NAIROBI CITY COUNTY REVENUE (AMENDMENT) BILL, 2016 (ASSEMBLY BILL NO. 8 OF 2016) (Chairperson, Select Committee on Finance, Budget & Appropriations) (Second Reading) (D) THE NAIROBI CITY COUNTY PUBLIC NUISANCE BILL, 2016 (ASSEMBLY BILL NO. 7 OF 2016) (Hon. Samwel Nyangwara) (Second Reading) 2
(E) *. MOTION (Hon. Diana Kapeen, MCA) THAT, aware that Nairobi City County has experienced tremendous growth in the number of registered commercial motor cycle operators over the last few years; noting that the commercial motor cycles or boda boda sector has provided employment to thousands of youths in the County; recognizing that there have been fears of rising insecurity partly caused by incidents involving commercial motorcyclists; convinced that streamlining the boda boda sector by organizing riders into Saccos and societies bodes well for eliminating challenges with operations of the sector as proposed by the NTSA and in mainstreaming revenue collection from the sector; appreciating that Transport is a devolved function under the Fourth Schedule to the Constitution, this Assembly resolves that the County Government do the following 1) Organize commercial motorcycles at the sub county level by enforcing requirements that the riders have special identification according to their sub county; 2) Enforce registration of all boda boda riders with recognized saccos and societies in all sub counties; 3) Provide at least four designated parking shades/drop and pick points for the riders in each ward. (Similar motion already done temporary shelved Member yet to withdraw for redrafting) (F) * MOTION (Hon. Erastus Mburu Muiruri, MCA) THAT, aware that Sub-Article 41 (1) of the Constitution of Kenya 2010 states that every person has the right to fair labour practices; further aware that Sub-Article 41 (2) of the Constitution state that every worker has the right to fair remuneration; acknowledging that most of the officers who served in the defunct Nairobi City Council were retained by the County government for their dedicated and splendid work towards the betterment of Nairobi City County; concerned that some of the officers who retired after working for more than thirty (30) years have not been recognized for their outstanding performance in the public service in the County, this Assembly urges the County Executive to recognize the efforts of retired officers who performed tremendously in their works by awarding them to show recognition and appreciation for their long years of service in the County. (Speaker directed that the question to be put on Wednesday 26/10/2016) 3
(G) *MOTION (Hon. Alex Otieno Ouda) THAT, aware that Paragraph twelve (12) of Part two (2) of the Fourth Schedule to the Constitution of Kenya, 2010 devolves the role of firefighting and disaster management to the County Governments, further aware that the County Assembly enacted the Nairobi City County Disaster and Emergency Management Act, 2015 which requires the County Government to put in place adequate measures to respond to disasters such as fire out-breaks whenever they occur, noting that Nairobi City County frequently experience fire disasters especially in the informal settlements, which fires cause considerable property damage and immense suffering to citizens, deeply concerned that most fire fighting equipment such as fire engines and personell are stationed within the Central Business District(CBD) hence making it difficult for timely response to fire disasters since the CBD is always congested due to heavy traffic while the informal settlements lack appropriate roads to ensure eficient movement of the fire-engines whenever the fire disasters happen, this Assembly urges the County Executive to decentralise fire-fighting services to the ward level to ensure timely and effective response to fire disasters whenever they occur. (H) * MOTION (Hon. David Mberia) THAT, aware that Section 52 of the County Governments Act, 2012 establishes the office of village administrator for each village unit established in a county, while Section 53 of the same Act establishes, for each village unit, a village council whose composition is clearly detailed; noting that the roles of the Village Administrator amongst others is to coordinate, manage and supervise the general administrative functions in the village including pursuant to paragraph 14 of Part II of the Fourth Schedule to the Constitution and ensuring and coordinating the participation of the village unit in governance; further noting that some Counties have set up the said offices in order to further devolve services to the very basic unit of society and improve delivery; recognizing that the aforesaid institutions and their crucial functions are central to the proper devolution of services across the subcounties and village units in the County; deeply concerned that three years after the realization of the devolved system Nairobi City County is yet to establish the office of village administrator and constitute the Village Councils for reasons best known to the Executive; convinced that this inaction to further devolve functions has played a role in the frustration of Nairobi residents with poor service delivery due to over-centralization of services at City Hall, something which devolution sought to cure; this Assembly urges the County Executive to establish the offices contemplated under Section 52 and 53 of the County Governments Act, 2012, across the City to further enhance service delivery for Nairobi residents. 4
(I) * MOTION (Hon. Samwel Nyangwara) AWARE, that Article 73(2) (d) and (e) of the Constitution of Kenya provides for accountability of a state officer to the Public, for decisions and actions as a key guiding principle of leadership and integrity, further aware that Section 30(2) of the County Government Act, 2012 provides for the functions and responsibilities of a County Governor, noting that Section 30(3) provides for ways in which the Governor s functions ought to be performed, this Assembly RESOLVES to remove the Hon. (Dr.) Evans Kidero from office of the County Governor of Nairobi City, pursuant to Article 181(1)(a), (b), (c) of the Constitution, Section 33 of the County Governments Act, 2012, and Standing Order 60 of the Nairobi City County Assembly Standing Orders, on the following grounds; 1. Gross violation of the Constitution, 2010; The County Government Act, 2012; The Public Procurement and Disposal Act, 2015; and the Public Finance Management Act, 2012. a) Inability to control and manage County debt, leading to the unmitigated accrual of debt, which has ballooned the County s overall debt to unmanageable levels, rising from Kshs 12 billion when he took office in 2013 to the current Kshs42 billion, within three years, thus creating paralysis in funding for projects and programs; debts which were not disclosed in the Debt Management Paper, 2015 and 2016 and the County Fiscal Strategy Paper, 2015 and 2016, violating Articles 201(e), of the Constitution, Section 123 and 207(2)(e) of the Public Finance Management Act, 2012. b) Violation of the Articles 201 (a), (d), (e) of the Constitution of Kenya on principles of Public Finance and Article 226(5) on the audit of Public entities, as well as Article 227(1) on procurement of goods and services, and the Public Procurement and Disposal Act, 2015 by flouting the principles of public finance management in far as public procurement of goods and services is concerned, where the Auditor-General faulted the procurement process. The system was set up by a private company whose selection criterion was made under suspicious and illegal circumstances. Citing numerous missteps in the procurement process, Auditor-General, Mr. Edward Ouko, concluded that the 4.5 per cent of all transactions retained by JamboPay are too high compared to what the Kenya Revenue Authority charges. The auditor found that two other bidders, Virtual Mobile and Craftsilcon, had bid to charge 2.5 per cent of the transaction costs, but were not considered. A review of the cost-impact using the actual revenues for the 2012/2013 financial year established that the county government will spend 5
an enormous Sh767.4 million in the five years the contract is supposed to run. c) Violation of the Articles 201 (a), (d), (e) of the Constitution of Kenya on principles of Public Finance and Article 226(5) on the audit of Public entities, as well as Article 227(1) on procurement of goods and services, and the Public Procurement and Disposal Act, 2015 by flouting the principles of public finance management in the unilateral signing of an agreement with Foton for the supply of busses, a matter which the EACC is investigating. d) Violation of the Articles 201 (a), (d), (e) of the Constitution of Kenya on principles of Public Finance management, the Public Finance Management Act, 2012 and the County Allocation of Revenue Act, 2015 on the use of conditional grants from the National Government, where the Governor in the 2014/15 and 2015/16 Financial Years diverted or negligently caused to be diverted Conditional Funds meant for the free Maternity program and user fees foregone to other unrelated programs, to the great detriment of City residents struggling to access better healthcare, contrary to the regulations that govern the use of conditional grants from the National government; e) Violation of the Articles 201 (a), (d), (e) of the Constitution of Kenya on principles of Public Finance management, the Public Finance Management Act, 2012 on the authorization of expenditure of revenue collections at source across the City, leading to heavy revenue leaks and missed targets, which has greatly affected the implementation of County programs aimed at uplifting the lives of residents, leading to stalled projects and unpaid contractors contrary to Statute and Constitutional provisions of the procedure for collection, withdrawal and usage of public funds. f) Violation of Article 176(1) and 185 on the creation and authority of County Assembly as an arm of County Government by undermining the Assembly s legitimate authority to make laws, through willful refusal to implement resolutions of the County Assembly, such as a free on employment, which the Governor has ignored and undertaken advertisements for employment twice, ignoring implementation of the Nairobi City County Wards Development Fund Act, 2014, even after assenting to the Bill, and in the absence of any directions on the illegality of the Act, any of its provisions or otherwise from the High Court under Article 165 (3)(d)(i) and (iv) of the Constitution. 6
g) Violation of Section 4 of the County Governments Act, 2012 and Section 3 of the Nairobi City County Flags and Other Symbols Act, 2013, by refusing to implement the approved symbols as provided for in the Act. 2. Crimes under National Law a) Violation of Articles 201(d) of the Constitution on principles that guide all aspects of public finance in the Republic, and 227(1) on Procurement of public goods and services, and the provisions of the Public Procurement and Disposal Act, 2015 by awarding the revenue collection tender controversially to JamboPay, with a costly charge of 4.5 per cent of all transactions retained by JamboPay, which the Auditor noted as too high compared to what the Kenya Revenue Authority charges and what other bidders have proposed in the tender document; b) Violation of Articles 201 of the Constitution and the Public Finance Management Act, 2012 on principles that guide all aspects of public finance in the Republic where the Governor either intentionally or negligently has presided over massive loss and theft of County public funds in the four years he has been office, as evidenced by the Auditor General s Report of 2013/2014, where the auditor raised the red flag over failure by the Nairobi county government to bank some Shs252 million, which is part of Shs5.5 billion collected as revenue by the county. Records made available for audit revealed that during the period 1 st January, 2013 and 30 th June, 2013, a total of Sh 5,511,732,231.00 was collected from the various sources of revenue but only Sh5,258,849,088.00 was banked resulting to under banking of Sh252,883,l43.00, partly leading the arrest and prosecution of Senior Officers in the Finance Department who report directly to him, as well as the theft of public resources through wasteful procurement and payment for non-existent services, for instance exaggerated legal fee notes to certain lawyers and law firms, with legal debts standing Shs5 billion. 3. Abuse of Office/Gross misconduct The County Governor of the Nairobi City exhibited gross misconduct/abuse of office as follows: - i. Violation of Article 75(1)(c) of the Constitution on conduct of State Officers that is demeaning to the offices they hold and Section 11 of the Leadership and Integrity Act, 2012 first by assaulting a Member of Parliament, an elected leader from Nairobi City County, a matter which legal redress was sought, forcing the Governor to settle out of Court, and that recently he again allegedly assaulted another Member of Parliament, to the dismay of the Public when he was invited 7
by the Senate of Kenya to answer audit queries relating to expenditures by the Nairobi City County Executive. ii. Creation of the Office of the County Attorney contrary to Section 62(2) of the County Governments Act, 2012. (Motion suspended) (J) * MOTION (Hon. David Kitavi) THAT, aware that Article 174 of the Constitution of Kenya 2010 states that one of the objects of devolution is to promote social and economic development and the provision of proximate, easily accessible services throughout the Country, enhance checks and balances and the separation of powers; further aware that Article 185 (3) of the Constitution states that a County Assembly while respecting the principle of the separation of powers, may exercise oversight over the County Executive Committee and any other County Executive organs; concerned that the County Assembly has experienced challenges in getting vital information from the County Executive on different matters such as implementation of various proposed projects, motions; noting that most of the County projects in various Wards have stalled thus hindering efficient service delivery to Nairobi City County residents; this Assembly urges the County Executive to establish a County Liaison Office that will act as a centre of information between the County Legislature and the Executive in the implementation of the County Assembly resolutions. (K) * MOTION (Hon. Pius Owino Otieno) THAT, aware that solid waste management which is a function of County Government remains a serious challenge to the Nairobi City County Government and residents; concerned that the implementation of waste management faces numerous challenges ranging from inadequate capacity to handle the challenge, corruption within and beyond the County Government, cartels and lethargic nature of County staff and citizenry faced with apathy and collective irresponsibility for waste management; acknowledging the solid waste is an emerging health threat to both levels of government and underscoring its effect on the lives of the people living in Nairobi, the environment and well-being of the city, this Assembly urges the County Government to establish a County Entity or Corporation to be known as Nairobi City County Waste Management Authority with a view to provide leadership and regulate the Sector. (L) *MOTION (Chairperson, Sectoral Committee on Health Services) THAT, this Assembly adopts THE REPORT OF THE SECTORAL COMMITTEE ON HEALTH SERVICES ON SITE INSPECTION VISIT TO EASTLEIGH HEALTH CENTRE, laid on the Table of the Assembly today Tuesday 25 th October, 2016. 8
* Denotes Motions of which Notices have been given 9